What's Required

HISD is required to locate, identify and evaluate all students with disabilities enrolled in private schools located within HISD boundaries
34 CFR 300.131(a) and USC 1412(a)(10)(A)(i). In addition, HISD must consult with parents and private schools 34 CFR 300.134 and USC1412(a)(10)(A)(iii)and determine how much funding is available 34 CFR 300.130 and USC1412(a)(10)(A)(i)(I), who will be served and what services will be provided 34 CFR 300.134(c) and USC 1412(a)(10)(A)(iii)(III).

The term "parentally-placed private school children with disabilities" means children with disibilities enrolled by their parents in private, including religious, schools or facilities 34 CFR 300.131(a)

The term "private school" is defined as private elementary or secondary school, including any pre-school, religious school, and institutional day or residential school that: 19 TAC 89.1096 (a)(1)
  • Is a nonprofit entity: 19 TAC 89.1096(a)(1)(A)
    • The term "nonprofit," as applied to an agency, organization, or institution, means that it is owned or operated by one or more corporations or associations whose net earnings do not benefit, and cannot lawfully benefit, any private shareholder or entity; and 34 CFR 77.1(c)
  • Provides elementary or secondary education that incorporates an adopted curriculum designed to meet basic educational goals, including scope and sequence of courses, and formal review and documentation of children's progress: TAC 89.1096(a)(1)(B) The term "elementary school" means a nonprofit institutional day or residential school including a public elementary charter school, that provides elementary education, as determined under State law; and 34 CFR 300.130
    • The term "secondary school" means a nonprofit institutional day or residential school, including a public secondary charter school that provides secondary education, as determined under State law, except that it does not include any education beyond grade 12 34 CFR 300.36
In order to be considered a private school, a home school must provide elementary or secondary education that incorporates an adopted curriculum designed to meet basic educational goals, including scope and sequence of courses, and formal review and documentation of children's progress, but is not required to be a nonprofit entity TAC 89.1096(a)(2), TAC 89.1096(a)(1)(B) , and TEA Private School Guidance

Each school district must locate, identify, and evaluate all students with disabilities who are enrolled by their parents in private, including religious, elementary and secondary schools located in the school district. The child find process must be designed to ensure— (1) the equitable participation of parentally-placed private school children and (2) an accurate count of those children 34 CFR 300.131(a)

The cost of carrying out the child find requirements in this section, including individual evaluations, may not be considered in determining if the school district has met its obligation under 34 CFR 300.133.

What We Do
For Information on Referral and Evaluation for special education services for students parentally enrolled in private schools please refer to the Identification.

For information on available special education services for students with disabilities parentally enrolled in private schools:


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